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socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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Can someone from California law tell me what forms I need to

Resolved Question:

Can someone from California law tell me what forms I need to file for the action below.

My husband went into courtwith me 3 days before trial and told the judge we were going to reconcile. The judge canceled our trial and put an "status update" out 6 months. He cheated on me that very night and has continued to do so for the last 3 months. The house is now in default and going into forclosure( he has possesion of the home, I moved out). I want to bring to the judges attention that he had NO intent on reconciliation just buying more time and that he is now in default fo the 4 time since we seperated. What forms do I need to fill out and i would like ex parte due to the status of our home. I had to let my attorney go 40k and nothing done for me. Please someone help. Im beyond devstated. This is a 31 yr marriage with 3 adult biological kids.. we are all devestated that he would do this to our family~~ Please help!
Submitted: 7 years ago.
Category: Legal
Expert:  socrateaser replied 7 years ago.

You can file a motion to set the matter for trial, because there's no longer any reason for a status conference, using Form FL-301 (unless your county court has a local form or a differet rule to set a trial date). Then, you would simply proceed to trial as an adversarial action -- and if you happen to negotiate a marital settlement agreement in the interim, then you can file it and that will be the end of things.


The fact that your husband didn't reconcile may be deceitful, but it's not legally actionable. It's just what happens in divorces. Next week he could be on his knees begging for forgiveness again. It's up to you to decide when to stop the madness.


Note: if you have maritalassets and you have been married for 31 years, then I urge you to consider hiring legal representation. You have a lot at stake and without a lawyer, things may go seriously wrong. California divorces are extremely complicated.


For a family law attorney referral, see:


Hope this helps.


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Edited by socrateaser on 5/1/2010 at 1:02 AM EST
Customer: replied 7 years ago.
I want to go to court ex parte about the default on the house.. how do i go about that and where do i start?
Expert:  socrateaser replied 7 years ago.
What specifically do you want to accompish with the house -- because there are some things that you will not be able to do, prior to trial?
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